CHILD DOMESTIC LABOUR AND
GOVERNMENT POLICY: CRITICAL
ANALYSIS
-
2009-56
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Child Labour - Lecture - Law - Prof. Dagor, Lecture notes of Labour Law
Description about CHILD DOMESTIC LABOUR AND GOVERNMENT POLICY: CRITICAL ANALYSIS, Structure of my presentation, introduction, Exploitation of child domestic labour,International provisions, history of Indian Legislations.
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CHILD DOMESTIC LABOUR AND
GOVERNMENT POLICY: CRITICAL
ANALYSIS
200956
STRUCTURE OF MY PRESENTATION
(^) Introduction (^) Child domestic labour: vulnerable condition (^) Domestic policies (^) Child labour (Abolition and rehabilitation) Act 1986 & 2006 Amendment & Problems involved (^) Grounds need to be addressed: Analysis (^) Conclusion.
EXPLOITATION OF CHILD
DOMESTIC LABOUR
(^) Children in respect to vulnerability, suffers more than an adult. There are reasons behind it such as, in famine they are the first to suffer the effects of malnutrition and first to die, in violent conditions they are least likely to know where to go for shelter. (^) Hours of work are unlimited. (^) Remuneration: children who works in family undertaking usually receive no payment for their work, since the family income is considered to be the same. Similarly when family take part as whole for some work, child is not paid for anything. When child get an earning it is low as compare to adult.
(^) Gender : girl children belonging to families living in poverty to get marginalized from the tender age. The vocational responsibility of a girl child starts at the age of 3 years when she has to assist her mother in domestic chores, carry fuels and fodder, gather grains, feed poultry and look after her young siblings. (^) When child domestic labour is girl she faces the worst form of exploitation, in terms of physical health due sexual exploitation and psychological effect.
HISTORY OF INDIAN
LEGISLATIONS
History (^) Karachi session of Indian national congress in 1931 highlights include children of school going age shouldn’t be allowed to work in factories or miles. (^) Then in Whitely commission report of the Royal Commission on Labour (GOI, Calcutta, 1931) this commission recomended to fix the minimum age of employment of children at higher level. and hence minimum age was fixed 12 years. Under Factories Act 12 and 15 years under Mines Act (^) Children (pledging of labour) Act, 1933 passed. (^) Then Employment of children Act 1938 (^) Employment of children Act 1939 was replaced by child labour(prohibition and regulation ) Act 1986.
GOVERNMENT POLICIES
Constitutional provisions : (^) Article 24 : No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous work. (^) Article 39 (e): that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength (^) Article 39 (f): that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. (^) Article 41 : The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. (^) Article 45 : The State shall endeavor to provide, within a period of ten years from the commencement of this Constitution, for free and compulsory education for all children until they complete the age of fourteen years. (^) Article 47 :The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.
CHILD LABOUR LEGISLATION
(^) Child Labour(Prohibition and Regulation ) Act 1986. (^) “child” means a person who has not completed his fourteenth year of age. Section 2(ii). (^) Section 3: Prohibited occupation and places are mentioned in schedule Part-A and B respectively. (^) Then comes Child Labour (Abolition and rehabilitation) Act 2006 (^) “child” means a person who has not attained the age of eighteen years. Section 2(b). (^) Section 3: Child labour of any kind is abolished.
2006 AMENDMENT
(^) Section 4 : “ Every concerned government shall ensure that no person employ a child for performance of (a) Domestic work; (b) Agricultural operations; (c)Construction activities and operations of transport industry; (iv) Work in shop, factory, any establishment or organisation; and (v) Manufacturing, trading or processing activity of any item.” (^) Provided that any child may work at his own residence or perform any domestic work out of his volition.
(^) Problem in identifying the domestic child labour not adressed. (^) Making Child domestic labour as illegal without addressing the cause behind it will not take it to far.
CONCLUSION
Hence there is a need of sound legislation which include the issues such as (^) Child involved in their own household domestic work. (^) Gender problem. (^) Taken care of poor children's capability development and rehabilitation (^) There must be some strong mechanism for identifying the child domestic labour.